Viththal Madhav Gagare And Others v. The State Of Maharashtra And Others

wp6681.13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 6681 OF 2013 Viththal s/o Madhav Gagare & others .. PETITIONERS

VERSUS

The State of Maharashtra & others .. RESPONDENTS Mr. S.J. Gayke, advocate for petitioners.

Mr. S.G. Nandedkar, AGP for the State.

Mr. S.T. shelke, advocate for respondents 3 and 4. ===== CORAM : R.M. BORDE & P. R. BORA, JJ.

DATE : 13th JULY, 2015 PER COURT :

1.

Petitioners are praying for issuance of directions to respondents to consider the proposal in respect of bifurcation of villages and constitute separate Village Panchayat for village Kadit (kd.) within stipulated time frame.

2.

An affidavit-in-reply has been presented on behalf of Panchayat Samiti, Shrirampur wherein it has been stated that the population of village Kadit (Kd) is 488 whereas population of village Kadit (Bk) is 868. Government Resolution dated 12th February, 2004, provides population criteria for establishment of separate Gram Panchayat, which condition, so far as village Kadit(Kd) is concerned, is not fulfilled. In this view of the matter, the decision taken by respondent not to consider the proposal in

wp6681.13.doc respect of bifurcation of village, cannot be said to be erroneous. Writ petition is devoid of substance hence stands rejected. ( P. R. BORA ) ( R. M. BORDE ) JUDGE JUDGE dyb